2016/17 ANNUAL REPORT Northern Land Council ANNUAL REPORT 2016/17 Cover image by Glenn Campbell © Commonwealth of Australia 2017 ISSN 1030-522X With the exception of the Commonwealth Coat of Arms, and where otherwise noted, all material presented in this document, the Northern Land Council Annual Report 2016/17, is provided under a Creative Commons Licence. The details of the relevant licence conditions are available on the Creative Commons website at creativecommons.org/licences/by/3.0/au/, as is the full legal code for the CC BY 3 AU licence LIMMEN RIVER, GULF OF CARPENTERIA Our Land, Our Sea, Our Life OUR VISION … is to have the land and sea rights of Traditional Owners and affected Aboriginal people in the Top End of the Northern Territory recognised and to ensure that Aboriginal people benefit socially, culturally and economically from the secure possession of our land, waters and seas. OUR VALUES… are informed by the values of Aboriginal people of our region and are consistent with Commonwealth standards. WE AIM TO… achieve enhanced social, political and economic participation and equity for Aboriginal people through the promotion, protection and advancement of our land rights and other rights and interests. i NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17 Contents OUR VISION, VALUES, AIM i Leases and Licences 54 ABOUT THIS REPORT vi Debt collection 54 ACCOUNTABLE AUTHORITY 2 Litigation 55 FINANCIAL PERFORMANCE SUMMARY 2 ANTHROPOLOGY BRANCH 60 FROM OUR CHAIRMAN 4 Dispute conciliation 60 FROM OUR CHIEF EXECUTIVE OFFICER 8 Royalty reform 61 Review, restructure and staffing 63 PART 1: ABOUT US 13 Land claims 64 REGIONAL PROFILES 66 HISTORY 13 Darwin/Daly/Wagait 70 OUR COUNCIL 18 West Arnhem Land 71 Membership by regions 19 North east Arnhem Land 74 Full Council meetings 22 Katherine 75 EXECUTIVE COUNCIL 28 Victoria River District 75 Members 28 CULTURE & HERITAGE 78 Executive Council meetings 32 Sacred sites 78 REGIONAL COUNCILS 33 GIS SECTION 79 Regional Council meetings 33 Major developments 79 OUR PEOPLE 34 Land interest references 83 Digitisation 83 Administration 34 Structure 35 NATIVE TITLE 85 Branch overview 36 Quick facts 86 Township claims 87 PART 2: OUR APPROACH 41 Pastoral lease claims 87 Strategic thinking 41 Prescribed body corporate 88 Corporate plan 2016-2020 42 SEA COUNTRY 90 Strategic plan 2016-2020 43 Interim access 90 Fishing access agreements 91 PART 3: THE YEAR IN REVIEW 45 Sea country working group 92 COMMUNITY PLANNING AND DEVELOPMENT 45 Consultative committee 93 Landowner engagement strategy 95 LEGAL BRANCH 50 Technical advisory group 96 Structure 51 Other activities 96 Native title applications 52 Land rights claims 53 ii Our Land, Our Sea, Our Life CARING FOR COUNTRY 99 Petroleum exploration & production 150 Approach and achievements 100 Environmental matters 152 Indigenous ranger programs 101 PUBLIC AWARENESS AND EDUCATION 155 Ranger forums – case study 104 Information resources 155 Sawfish surveys – case study 105 News media 155 Invasive species – case study 106 GOOD CORPORATE STANDARDS 156 Partnerships 107 Distribution of royalties 156 Indigenous Protected Areas 108 Land trusts 156 Fire abatement project – case study 109 Mediation & dispute 157 Data Collection, mapping & reporting 110 Training & capacity building 112 CORPORATE GOVERNANCE 158 National Parks 113 Exemptions 158 Joint management 113 Insurance 158 REGIONAL DEVELOPMENT BRANCH 118 Risk management & ethics 158 Related entity transactions 159 Economic development & commercial services 118 Freedom of information 159 Achievements, challenges 120 Consultants expenditure 159 Commercial development 125 IC&T 159 Staff profiles 126 Fleet and property management 161 Regional development 128 Committees 161 Funeral & ceremonial fund 131 WH&S 165 Access permits 131 Complaints 165 Telstra 133 STAFF PROFILE 168 Bradshaw field training area 136 DELEGATIONS 170 PASTORAL REPORT 138 STATEMENT OF ANNUAL PERFORMANCE 173 Industry update 138 Cattle 138 PART 4A: ANNUAL FINANCIAL REPORT 179 Buffalo 139 PART 4B: NATIVE TITLE REPRESENTATIVE Pastoral unit 140 BODY FINANCIAL REPORT 217 MINERALS & ENERGY 142 PART 4B: NATIVE TITLE REPRESENTATIVE Exploration 144 BODY FINANCIAL REPORT 217 Applications backlog 146 Native title 147 COMPLIANCE INDEX 238 Negotiating agreements 148 ALRA REPORTING 240 Managing agreements 148 Mining operations 149 GLOSSARY OF TERMS 242 iii NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17 FIGURES FIGURE 01: FINANCIAL PERFORMANCE FIVE FIGURE 16: LAND INTEREST REFERENCES – YEAR OVERVIEW 3 YEARLY COMPARISONS 83 FIGURE 02: MEMBERSHIP BY REGIONS 19 FIGURE 17: LIR DIGITISATION PROGRESS 84 FIGURE 03: FULL COUNCIL MEETING FIGURE 18: CARING FOR COUNTRY ATTENDANCE RECORD 2016/17 22 DATA COLLECTION 110 FIGURE 04: EXECUTIVE COUNCIL FIGURE 19: CARING FOR MEETING DATES AND ATTENDANCE 32 COUNTRY DATA REPORTING 111 FIGURE 05: REGIONAL COUNCIL FIGURE 20: s19 LAND USE EXPERESSIONS MEETING DATES AND LOCATIONS 33 OF INTEREST BY PARCELS OF LAND 121 FIGURE 06: CORPORATE STRUECTURE 35 FIGURE 21: LAND USE AGREEMENTS APPROVED, BY DELEGATED AUTHORITIES 121 FIGURE 07: ROYALTY CALLS 62 FIGURE 22: FROM EOI TO AGREEMENT 122 FIGURE 08: NLC REGIONS 67 FIGURE 23: OUTSTANDING s19 EOIs FIGURE 09: NLC ANTHROOPOLOGY TO BE COMPLETED BY REGION 123 REGIONS 68 FIGURE 24: LAND USE AGREEMENTS FIGURE 10: KAKADU-COUBURG/WEST CURRENT OR HOLDING OVER 124 ARNHEM REALIGNMENT 69 FIGURE 25: PARCELS OF LAND FIGURE 11: INTERNAL REQUESTS UNDER CURRENT AGREEMENT FOR GIS SERVICES 80 OR HOLDING OVER 124 FIGURE 12: LONG-TERM TRENDSFOR FIGURE 26: TRADITIONAL OWNERS GIS CARTOGRAPHIC SERVICES 80 CONSULTED, BY REGION 130 FIGURE 13: GIS JOBS 81 FIGURE 27: CONSULTATIONS FIGURE 14: EOI PROGRESS CHART 82 BY REGION 130 FIGURE 15: LAND INTEREST REFERENCES – FIGURE 28: FUNERAL AND REQUESTS COMPLETED, BY ACTIVITY 82 CEREMONIAL GRANTS 131 iv Our Land, Our Sea, Our Life FIGURE 29: PERMITS ISSUED 132 FIGURE 30: PERMITS, BY TYPE AND PERCENTAGE 132 FIGURE 31: MINERALS AND ENERGY CONSULTATIONS 145 FIGURE 32: PETROLEUM EXPLORATION IN NLC REGION 151 FIGURE 33: MINERAL EXPLORATION IN NLC REGION 152 FIGURE 34: ROYALTY DISTRIBUTION PAYMENTS 157 FIGURE 35: CONSULTANTS EXPENDITURE 160 FIGURE 36: AUDIT COMMITTEE ATTENDANCE 162 FIGURE 37: COMPLAINTS HANDLING 166 FIGURE 38: STAFF BY BRANCH AND INDIGENEITY 168 FIGURE 39: STAFF NUMBERS 2008/09 – 2016/17 168 FIGURE 40: PERFORMANCE RESULTS 175 v NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17 About this report Contact Us The Northern Land Council’s Annual Report P: +61 (8) 8920 5100 / 1800 645 299 (Free Call) 2016/17 provides a comprehensive account of 8:00 - 4:30 pm (CST) weekdays the Council’s performance from 1 July 2016 to 30 F: +61 (8) 8945 2633 June 2017 in accordance with its responsibilities www.nlc.org.au and obligations under the Aboriginal Land Rights [email protected] (Northern Territory) Act 1976 and the Native Title [email protected] Act 1993 (referred to throughout this document Northern Land Council as the ALRA and the NTA respectably). GPO Box 1222, Darwin NT 0801 The Council’s activities are guided by the You can visit the NLC at leadership of the Full Council, with members the following offices: elected in November 2016 for a three-year term, and by the organisation’s planning processes. BORROLOOLA Robinson Road, Mara Mara Camp, Borroloola NT 0854 The Annual Report 2016/17 is Ph: (08) 8975 7500; Fax: (08) 8975 8745 divided into four parts: DARWIN 45 Mitchell Street, Darwin NT 0800 1. About Us – Our Land, Our Sea Our Ph: (08) 8920 5100; Fax: (08) 8920 5255 Life: Our history, our clients and our organisational structure. KATHERINE 29 Katherine Terrace, Katherine NT 0850 2. Our Approach: Shaping our Future: Our strategic Ph: (08) 8971 9899; Fax: (08) 8972 2190 approach and aspirations in terms of our goals, NGUKURR objectives and performance measurements. Lot 379 Balamurra Street, Ngukurr NT 0852 Ph: (08) 8977 2500; Fax: (08) 8977 2560 3. The Year in Review 2016/17: The major issues and achievements for the reporting NHULUNBUY Endeavour Square, Nhulunbuy NT 0880 year across seven key performance areas Ph: (08) 8986 8500; Fax: (08) 8987 1334 that align with our seven goals. TENNANT CREEK 4. 2016/17 Financial Reports: Details on 178 Paterson Street, Tennant Creek NT 0860 income and expenses for both the NLC Ph: (08) 8963 3500; Fax: (08) 8963 3536 as a Commonwealth entity and as a TIMBER CREEK native title representative body. 43 Wilson Street, Timber Creek NT 0850 Phone: (08) 8974 5600 During the reporting year the NLC continued an WADEYE ambitious program of activities aligned to key Lot 788 Karnalda Street, Wadeye NT 0822 strategic directions: enhanced social, political and Ph: 0418 328 843 economic participation and equity for Aboriginal WEST ARNHEM (JABIRU) people in the NLC’s jurisdiction through the 3 Government Building, Flinders Street, Jabiru NT 0886 promotion, protection and advancement of Phone: (08) 8938 3000; Fax: (08) 8979 2650 their land, water rights and human rights. The Annual Report highlights achievements and identifies future directions, and attempts to foresee challenges to minimise risks in achieving outcomes throughout the year. As a Commonwealth body corporate, the NLC submits this report to the Minister for Indigenous Affairs for tabling in the Australian Parliament. vi Our Land, Our Sea, Our Life Senator the Hon. Nigel Scullion Minister for Indigenous Affairs PO Box 6100 Parliament House Canberra ACT 2600 Dear Minister, In accordance with the Aboriginal Land Rights (Northern Territory) Act 1976, the Native Title Act 1993 and the Public Governance, Performance and Accountability Act 2013, I am pleased to submit the 2016/17 Annual Report for the Northern Land Council. The Accountable Authority under Section 46 of the Public Governance, Performance and Accountability Act 2013 is responsible for the preparation and content of this report in accordance with the Public Governance, Performance and Accountability Rule 2014. This report reviews the Northern Land Council’s performance and illustrates the commitment and achievement of the Council and our staff throughout the year.